NATIONAL LABOR RELATIONS BOARD, PETITIONER,
v.
BOOT-STER MANUFACTURING COMPANY, INC., RESPONDENT
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The court granted enforcement of the National Labor Relations Board's order requiring the respondent to cease and desist from unfair labor practices and to bargain with the union.
The National Labor Relations Board found the respondent violated sections of the National Labor Relations Act and sought enforcement of its order. The…
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PER CURIAM.
The National Labor Relations Board, having found violations of Section 8(a) (1), 61 Stat. 140 (1947), 29 U.S.C. § 158(a) (1) (1964), and Section 8(a) (5), 61 Stat. 141 (1947), 29 U.S.C. § 158(a) (5) (1964), of the National Labor Relations Act on the part of respondent, seeks enforcement of its order requiring respondent to cease and desist from unfair labor practices and to bargain with the union.
All of the basic issues argued to this court on this appeal have been recently considered and decided in N. L. R. B. v. Winn-Dixie Stores, Inc., 341 F. 2d 750 (C.A.6, 1965), cert. denied, 382 U.S. 830, 86 S.Ct. 69, 15 L.Ed.2d 74 (1965), and N. L. R. B. v. Cumberland Shoe Corp., 351 F. 2d 917 (C.A.6, 1965).
Respondent, however, argues that in the instant case most of respondent’s coercive practices preceded the union’s request to bargain, while in Cumberland the unfair labor practices followed the request to bargain.
We do not consider this a meaningful distinction on this record. Taking the record as a whole, there was evidence from which the NLRB could have found that respondent sought by unlawful coercion to change the choice of its employees as to their bargaining agent and succeeded in doing so. In such a situation an order to bargain may be “strong medicine” but we believe it to be no stronger than is authorized by the statute. Franks Bros. Co. v. N. L. R. B., 321 U.S. 702, 64 S.Ct. 817, 88 L.Ed. 1020 (1944); N. L. R. B. v. Consolidated Ma chine Tool Corp., 163 F. 2d 376 (C.A.2, 1947), cert. denied, 332 U.S. 824, 68 S.Ct. 164, 92 L.Ed. 399 (1947), modification denied, 167 F. 2d 470 (C.A.2, 1948); Joy Silk Mills, Inc. v. N. L. R. B., 87 U.S.App.D.C. 360, 185 F. 2d 732 (C.A.D.C.1950), cert. denied, 341 U.S. 914, 71 S.Ct. 734, 95 L.Ed. 1350 (1951).
Enforcement of the NLRB order is granted.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Nat'l Labor Relations Bd. v. Goodyear Tire & Rubber Co. Retread Plant, 394 F.2d 711 (5th Cir. 1968)
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Nat'l Labor Relations Bd. v. Boot-Ster Mfg. Co., Inc., 405 F.2d 1210 (6th Cir. 1969)
Authorities Cited (11 total)
- Franks Bros. Co. v. Nat'l Labor Relations Bd., 321 U.S. 702 (U.S. 1944)
- Joy Silk Mills, Inc. v. Nat'l Labor Relations Bd., 185 F.2d 732 (D.C. Cir. 1950)
- In re La Salle, 341 U.S. 914 (U.S. 1951)
- Nat'l Labor Relations Bd. v. Winn-Dixie Stores, Inc., 341 F.2d 750 (6th Cir. 1965)
- Nat'l Labor Relations Bd. v. Cumberland Shoe Corp., 351 F.2d 917 (6th Cir. 1965)
- Yenowine v. State Farm Mut. Auto. Ins. Co., 382 U.S. 830 (U.S. 1965)
- Bankers Bond Co., Inc. v. All States Invs., Inc., 382 U.S. 830 (U.S. 1965)
- Consol. Mach. Tool Corp. v. Nat'l Labor Relations Bd., 332 U.S. 824 (U.S. 1947)
- Nat'l Labor Relations Bd. v. Consol. Mach. Tool Corp., 163 F.2d 376 (2d Cir. 1947)
- Carney v. United States, 332 U.S. 824 (U.S. 1947)